Triple Talaq

A five-judge Constitution bench of the Supreme Court ruled that the practice of instant triple talaq is unconstitutional and against the teachings of Islam. The bench headed by Chief Justice of India, Justice J S Khehar ruled against the practise by a majority of 3:2. The bench began hearing a clutch of petitions challenging the constitutional validity of the practice of 'instant triple talaq' or talaq-e-bidat among Muslims in May 2017. It had said it would first determine if the practice is fundamental to Islam. Besides seeking a ban on instant triple talaq, the seven petitioners that comprise five Muslim women had also moved the apex court over the practice of nikah halala and polygamy in the community. Many Islamic nations, including Pakistan, Afghanistan, Egypt and Iran, do not recognise the husband's right to unilaterally divorce through triple talaq.

Instant Triple talaq: The proposed law, which empowers Muslim women, applies to instant triple talaq in “oral, written, electronic or any other form”. Any declaration of talaq-e-biddat by a Muslim man shall be “illegal and void”, says the draft law.

The demand comes at a time when the Centre is mulling bringing in a legislation in the Winter Session of Parliament to put an end to instantaneous triple talaq which is still in practice despite the Supreme Court striking it down.

A ministerial committee has been set up to propose a suitable legislation or amend existing penal provisions, which would make instantaneous triple talaq an offence, government functionaries said today.

A case has been registered against the professor on charges of “harassment and wrongfully preventing his wife from entering their house”, he said. The AMU academic, however, said the case was subjudice since October first week.